Use and Maintenance

The “Use and Maintenance” category contains articles of information that pertains to the use and maintenance of the property that is part of a common interest development.

Court Says HOA’s Rules Discriminated Against Children

Court Says HOA’s Rules Discriminated Against Children case involved an action by association members (“Owners”) against their homeowners’ association (“Association”) for alleged violations of the HOA's rules discrimination against children and Owners based on “familial status.” “Familial Status” is defined in the Fair Housing Act as “one or more individuals ...
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Court Says Homeowners Association Has Right to Evict an Owner’s Tenant for being a “Nuisance”

Court Says Homeowners Association Has Right to Evict an Owner’s Tenant for being a “Nuisance” This case involved a dispute between a condominium homeowners association (“Association”) and a tenant of an owner/member of the Association (“Tenant”). Association sought to terminate the owner’s lease with Tenant based on the Tenant’s violation ...
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Court Says Owner Must Tear Down Unapproved Fence and Wall That Violated CC&Rs

Court Says Owner Must Tear Down Unapproved Fence and Wall That Violated CC&Rs This case involved a dispute between a homeowners association (“Association”) and a homeowner member of Association (“Owner”) over the construction of a retaining wall and fence by Owner that Association contended was in violation of specific limitations ...
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Court Throws Out Claims v HOA Under Federal Law Re Display Of American Flag

Court Throws Out Claims v HOA Under Federal Law Re Display Of American Flag by Lawrence Szabo, Esq. | Apr 13, 2014 US District Court, Florida decision entered March 31, 2014. This case involves an HOA’s restrictions regarding the flying of the American flag by an association member. The Association ...
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Ct Rules Nondisabled Minor Child of Parents Who Suffered HOA Discrimination Can Sue Under the FHA

Ct Rules Nondisabled Minor Child of Parents Who Suffered HOA Discrimination Can Sue Under the FHA This case involved claims filed by husband and wife homeowners and their minor daughter against their homeowners association, its board of directors, its property management company, and the individual property manager for violations of ...
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DE Court Says Architectural Restrictions Were Applied Arbitrarily & Unreasonably & Are Unenforceable

DE Court Says Architectural Restrictions Were Applied Arbitrarily & Unreasonably & Are Unenforceable This case involved a dispute between a condominium owner and her homeowners association over the owners attempted modifications to her separate interest property that the association contended were in violation of the association’s governing documents. Specifically, the ...
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Did CC&Rs Prohibit Owners From Keeping Donkeys on Their Property?

Did CC&Rs Prohibit Owners From Keeping Donkeys on Their Property? This case involved a dispute between an association member (“Owner”) and both her homeowners’ association (“Association”) and neighboring association members/property owner (“Neighboring Owners”) over the characterization of an improvement constructed on Neighboring Owners’ property and whether or not Association’s governing ...
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Does Short Term Rental Violate HOA Rules?

Does Short Term Rental Violate HOA Rules? This case involved a dispute between the owner of two townhomes (“Owner”) located within a townhome community governed by a community association (“Association”) over Owner’s right to rent its units “for short term hotel, vacation rental, and/or transient use.” Association contended that Owner’s ...
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Does Your HOA Have a Policy Regarding Requests for Approval to Install Solar Panels?

/ Use and Maintenance
Does Your HOA Have a Policy Regarding Requests for Approval to Install Solar Panels? Requests from homeowners for approval to install solar panels on their property are becoming more and more common in homeowners associations throughout the country. Given the likelihood that most homeowners associations will have to address the ...
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Fed Ct. Clarifies Elements of FHA Discrimination Claims and Who Has Standing to Make Claims v HOA

Fed Ct. Clarifies Elements of FHA Discrimination Claims and Who Has Standing to Make Claims v HOA The parents of two admittedly disabled children who suffered from Down Syndrome brought suit against their homeowners association, with an HOA FHA discrimination claim based on the association’s refusal to allow the homeowners ...
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Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass

Federal Court Denies Preliminary Injunction Sought by HOA to Prevent Alleged Nuisance and Trespass In this case a homeowners association (“Association”) filed suit against a neighboring property owner that operated a day camp on their property. The Association alleged claims based on theories of nuisance and trespass that stem from ...
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Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs

Florida Appellate Ct. Orders Homeowners to Maintain Their Property & Awards HOA Fees & Costs This case involved a dispute between a homeowners association (“Association”) and two homeowners (“Owners”) concerning the Owners’ maintenance of their property in accordance with Association’s governing documents. The relevant provisions of the governing documents provided ...
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Florida Court Says HOA Restrictive Covenant Doesn’t Give a Neighbor Veto Power

Florida Court Says HOA Restrictive Covenant Doesn't Give a Neighbor Veto Power This case involved a dispute between neighboring townhouse owners over a yard lighting system installed by one of the neighbors that the other neighbor strenuously objected to. The homeowners association governing documents included a restrictive covenant that pertained ...
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Florida Ct. Orders Homeowners’ Assn to Repair Slab Causing Moisture in Homeowners’ Unit

Florida Ct. Orders Homeowners’ Assn to Repair Slab Causing Moisture in Homeowners' Unit In this case, the plaintiffs were the owners of a ground floor condominium unit that had ongoing problems due to moisture intrusion through the slab under the floor of their unit. Under the HOA’s governing documents, the ...
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Florida Decision Reveals 12 Key Points for Evaluation of a Request for Accommodation re Disability

Florida Decision Reveals 12 Key Points for Evaluation of a Request for Accommodation re Disability This case involves a dispute between a homeowners association and members over the members’ ability to keep a service dog (Sorenson) in their condominium as a “reasonable accommodation” under the Fair Housing Act (“FHA”). One ...
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